Colorado 2025 Regular Session

Colorado Senate Bill SB278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-1044.01 Kristen Forrestal x4217
8	8		SENATE BILL 25-278
9	9		Senate Committees House Committees
10	10		Health & Human Services
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING THE ADMINISTRATION OF EMERGENCY -USE EPINEPHRINE101
15	15		IN A SCHOOL SETTING.102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		For the purpose of encompassing the different ways that
24	24		epinephrine may be administered to treat anaphylaxis in a school setting,
25	25		the bill changes the term "epinephrine auto-injector" to "emergency-use
26		-	epinephrine". SENATE
27		-	3rd Reading Unamended
28		-	April 23, 2025
	26	+	epinephrine".
29	27		SENATE
30	28		2nd Reading Unamended
31	29		April 22, 2025
32	30		SENATE SPONSORSHIP
33		-	Mullica, Amabile, Ball, Bright, Carson, Catlin, Coleman, Cutter, Daugherty, Exum, Frizell,
34		-	Gonzales J., Jodeh, Kipp, Michaelson Jenet, Roberts, Snyder, Wallace
	31	+	Mullica,
35	32		HOUSE SPONSORSHIP
36	33		Stewart R.,
37	34		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
38	35		Capital letters or bold & italic numbers indicate new material to be added to existing law.
39	36		Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
40	37		SECTION 1. In Colorado Revised Statutes, 22-1-119.5, amend2
41	38		(5), (5.5)(a)(I), (5.5)(a)(II), (5.5)(b), (5.5)(c), (5.5)(d), (5.5)(e)3
42	39		introductory portion, (5.5)(f), (6), (8)(a), (8)(e), (8)(f), (8)(g) introductory4
43	40		portion, (8)(g)(II), and (8)(g)(III); and add (10) as follows:5
44	41		22-1-119.5. Asthma, food allergy, and anaphylaxis health6
45	42		management - self-administered medication - staff-administered7
46	43		medication - rules - definitions. (5) Immediately after using an8
47	44		EMERGENCY-USE epinephrine auto-injector during school hours, a student9
48	45		shall report to the school nurse, to the designee of the school nurse, or to10
49	46		some adult at the school to enable the school nurse,
50	47		SCHOOL nurse's11
51	48		designee, or other adult to provide the appropriate follow-up care, which12
52	49		shall include making a 911 emergency call.13
53	50		(5.5) (a) As used in this subsection (5.5) and in subsection (6) of14
54	51		this section, unless the context otherwise requires:15
55	52		(I) "Administer" or "administration" means to give a dose of16
56	53		medicine to a student who has asthma or a food or other allergy or who17
57	54		is experiencing anaphylaxis, including the use of an
58	55		EMERGENCY-USE18
59	56		epinephrine, auto-injector, an asthma inhaler, or oral medication.19
60	57		(II) "Designated school personnel" means:20
61	58		(A) An employee in a school who has been trained on the21
62	59		administration of
63	60		EMERGENCY-USE epinephrine auto-injectors
64	61		consistent22
65	62		with the rules on administration of
66	63		EMERGENCY-USE epinephrine23
67	64		auto-injectors
68	65		and to whom a school nurse has delegated the nursing task24
69	66		of administering
70	67		EMERGENCY-USE epinephrine auto-injectors
71	68		to students;25
72	69		or26
73	70		(B) An employee in a school who has been trained on the27
74	71		278
75	72		-2- administration of EMERGENCY-USE epinephrine auto-injectors consistent1
76	73		with the rules on administration of
77	74		EMERGENCY-USE epinephrine2
78	75		auto-injectors
79	76		and to whom a SCHOOL nurse has delegated the nursing3
80	77		task of administering
81	78		EMERGENCY-USE epinephrine auto-injectors
82	79		to4
83	80		students or
84	81		WHO has been trained by a medical professional licensed5
85	82		under article 240 of title 12 or part 1 of article 255 of title 12 and to6
86	83		whom the licensee has delegated the administration of
87	84		EMERGENCY-USE7
88	85		epinephrine auto-injectors
89	86		under the authority of that person's license.8
90	87		(b) A governing authority of a school may adopt and implement9
91	88		a policy whereby schools under its jurisdiction may acquire and maintain10
92	89		a stock supply of
93	90		EMERGENCY-USE epinephrine. auto-injectors.
94	91		11
95	92		(c) A governing authority of a school may adopt a policy for12
96	93		schools within its jurisdiction to authorize the school nurse or other13
97	94		designated school personnel to administer an EMERGENCY-USE14
98	95		epinephrine auto-injector to any student that the school nurse or15
99	96		designated school personnel in good faith believes is experiencing16
100	97		anaphylaxis, in accordance with standing orders and protocols from a17
101	98		licensed physician, physician assistant, or advanced practice registered18
102	99		nurse with prescriptive authority, regardless of whether the student has a19
103	100		prescription for an EMERGENCY-USE epinephrine. auto-injector.20
104	101		(d) A governing authority of a school may enter into arrangements21
105	102		with manufacturers of
106	103		EMERGENCY-USE epinephrine auto-injectors
107	104		or22
108	105		third-party suppliers of
109	106		EMERGENCY-USE epinephrine auto-injectors
110	107		to23
111	108		obtain
112	109		EMERGENCY-USE epinephrine auto-injectors
113	110		at fair-market or24
114	111		reduced prices or for free.25
115	112		(e) The governing authority of a public school that decides to26
116	113		maintain a supply of
117	114		EMERGENCY-USE epinephrine auto-injectors
118	115		as27
119	116		278
120	117		-3- described in this subsection (5.5) shall:1
121	118		(f) To qualify for the protections in subsection (6) of this section,2
122	119		the governing authority of a nonpublic school that decides to maintain a3
123	120		supply of
124	121		EMERGENCY-USE epinephrine auto-injectors
125	122		as described in this4
126	123		subsection (5.5) must implement a plan based on the rules adopted by the5
127	124		state board of education as described in subsection (8) of this section.6
128	125		(6) Unless the damages were caused by willful or wanton conduct7
129	126		or disregard of the criteria of an approved treatment plan, if the provisions8
130	127		of this section are met, a school, school district, school district director,9
131	128		or school or school district employee not otherwise provided for under10
132	129		section 13-21-108 C.R.S., shall not be liable in a suit for damages as a11
133	130		result of an act or omission related to:12
134	131		(a) A student's own use of the student's
135	132		EMERGENCY-USE13
136	133		epinephrine auto-injector
137	134		or any other medication contained in an14
138	135		approved treatment plan; or15
139	136		(b) The good faith administration of an EMERGENCY-USE16
140	137		epinephrine auto-injector in accordance with a policy and standing orders17
141	138		and protocols on the administration of
142	139		EMERGENCY-USE epinephrine18
143	140		auto-injectors
144	141		as described in paragraph (c) of subsection (5.5) of this19
145	142		section SUBSECTION (5.5)(c) OF THIS SECTION and pursuant to a plan20
146	143		adopted pursuant to paragraph (e) or (f) of subsection (5.5) of this section21
147	144		SUBSECTION (5.5)(e) OR (5.5)(f) OF THIS SECTION.22
148	145		(8) The state board of education, with assistance from the23
149	146		department of public health and environment, shall promulgate and24
150	147		revise, as necessary, rules for treatment plans for the management of25
151	148		students with life-threatening allergies pursuant to this section. The state26
152	149		board of education shall adopt rules on or before December 31, 2013, to27
153	150		278
154	151		-4- include but not be limited to:1
155	152		(a) Education and training for school nurses and designated school2
156	153		personnel on the management of students with life-threatening allergies,3
157	154		including training related to the administration of an EMERGENCY-USE4
158	155		epinephrine. auto-injector. In developing the rules on education and5
159	156		training, the state board shall solicit input from an organization that6
160	157		represents school nurses.7
161	158		(e) Requirements for each school to submit, on a form developed8
162	159		by the department of education, a report of each incident at the school or9
163	160		a related-school event involving a severe allergic reaction or the10
164	161		administration of an EMERGENCY-USE epinephrine auto-injector or both;11
165	162		(f) Requirements for school nurses in schools that have adopted12
166	163		a policy allowing for the administration of
167	164		EMERGENCY-USE epinephrine13
168	165		auto-injectors
169	166		pursuant to subsection (5.5) of this section to report to the14
170	167		department
171	168		OF EDUCATION whether the school nurse has trained and15
172	169		designated any school personnel to administer
173	170		EMERGENCY-USE16
174	171		epinephrine auto-injectors
175	172		and, if so, the number of employees in the17
176	173		school or school district that have been trained and designated to18
177	174		administer
178	175		EMERGENCY-USE epinephrine; auto-injectors;
179	176		19
180	177		(g) Detailed standards for training programs that must be20
181	178		completed by school nurses and designated school personnel in order to21
182	179		administer an EMERGENCY-USE epinephrine auto-injector in accordance22
183	180		with subsection (5.5) of this section. Training may be conducted online23
184	181		and, at a minimum, shall cover:24
185	182		(II) Standards and procedures for the storage and administration25
186	183		of an EMERGENCY-USE epinephrine; auto-injector; and26
187	184		(III) Emergency follow-up procedures after administering an27
188	185		278
189	186		-5- EMERGENCY-USE epinephrine. auto-injector.1
190	187		(10) A
191	188		S USED IN THIS SECTION, "EMERGENCY-USE EPINEPHRINE"2
192	189		MEANS A PORTABLE, DISPOSABLE DRUG DELIVERY DEVICE OR PRODUCT3
193	190		APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT4
194	191		CONTAINS A PREMEASURED , SINGLE DOSE OF EPINEPHRINE THAT IS USED5
195	192		TO TREAT ANAPHYLAXIS IN AN EMERGENCY SITUATION .6
196	193		SECTION 2. In Colorado Revised Statutes, 22-2-135, amend7
197	194		(3)(a) introductory portion, (3)(a)(III), and (3)(a)(IV) as follows:8
198	195		22-2-135. Food allergy and anaphylaxis management - rules.9
199	196		(3) (a) On or before January 1, 2010, the state board of education, in10
200	197		consultation with the department of public health and environment, shall11
201	198		promulgate rules for the management of food allergies and anaphylaxis12
202	199		among students enrolled in the public schools of the state. The rules shall
203	200		13
204	201		MUST include, but need not be limited to, the following:14
205	202		(III) The provision of emergency anaphylaxis treatment training15
206	203		for appropriate staff to prepare them to respond appropriately in the event16
207	204		that a student suffers anaphylaxis as a result of an allergic reaction to17
208	205		food, which training shall MUST include but need not be limited to18
209	206		training in the administration of self-injectable epinephrine; and19
210	207		(IV) Procedures to ensure the availability of a student's20
211	208		self-injectable epinephrine to faculty and administrative staff of the21
212	209		school in the event that a student suffers anaphylaxis and requires22
213	210		emergency medical treatment.23
214	211		SECTION 3. Safety clause. The general assembly finds,24
215	212		determines, and declares that this act is necessary for the immediate25
216	213		preservation of the public peace, health, or safety or for appropriations for26
217	214		278
218	215		-6- the support and maintenance of the departments of the state and state1
219	216		institutions.2
220	217		278
221	218		-7-